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(영문) 서울동부지방법원 2015.09.24 2015노761
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (five million won of a fine) is excessively unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) there was no record of punishment prior to the instant crime; (c) the operating period was relatively short; and (d) the closure of the instant sexual traffic business establishment and the failure to repeat the crime.

On the other hand, the fact that the size of a sexual traffic business place operated by the defendant was small, and the fact that the nature of the business was poor by operating the business by soliciting customers through the Internet advertisement is unfavorable to the defendant. In light of the above circumstances and other circumstances as well as all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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